Collymore v. Lynch

Petitioner, a native and citizen of Barbados, and lawful permanent resident of the United States, seeks review of the BIA's order affirming the IJ's denial of petitioner's application for cancellation of removal. Petitioner was found deportable under 8 U.S.C. 1182(a)(2)(A)(i)(II) on the basis of a prior conviction in 1997 under Title 35 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act 780‐113(a)(30) (1997), which was determined to be a conviction that related to a federal controlled substance. The court concluded that, because a conviction under 35 Pa. Stat. Ann. 780‐113(a)(30) is categorically a conviction under a law relating to a federal controlled substance under 8 U.S.C. 1227(a)(2)(B)(i), the court lacked jurisdiction to review the removability order. Accordingly, the court dismissed the petition for review. View "Collymore v. Lynch" on Justia Law